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3 April 1997 <br /> Page 4. <br /> :50 JERALD FISHMAN to construct a rough stone revetment and conduct <br /> beach nourishment at 302 Shore Drive. Norman Mayes presenting. <br /> Mr. Sherman stated one of the pivotal issues i's whether there was a house on <br /> this lot prior to 10 August 1978 and if there was none, it is a moot point and <br /> there is no need to discuss details. Mr. Hayes agreed. <br /> Mr. Hayes advised a file number S 43-1575 was issued and under the <br /> comment area the ,issue of the regulation that states if there wasn't a dwelling <br /> on the lot prior to 1978, the revetment could not be built. There was a ung <br /> done in 1985 by Mr. Nocera to build a revetment and this Notice of Intent was <br /> denied by DEP because the consultant and applicant at that time did not <br /> present appropriate evidence that there was a particular duelling on that lot <br /> that {would satisfy the language of that statute. <br /> Assessors records -from the 'Town of Mashpee were provided to show a house <br /> there in 1975 predating the regulations. Mr. Hayes stated he discussed this <br /> t length with Jim Mahala of DEP and he agreed that if he had known, hack <br /> in 1986 when Mr. l ocera filed, they would not have denied this project but <br /> were not notified that there was a structure here. A footprint can be seen <br /> within a portion of this which qualifies it for reconstruction. <br /> The Chairman asked if Elliot Rosenberg had a chance to review this from the <br /> legal standpoint He had not. <br /> Nor. Sherman asked where DEP had stated this? Mr. Hayes advised Nor. <br /> 1ahala stated this to hirn. Asked if this was in writing, he said no. <br /> The Chairman stated if this is the crux of the matter, he would he reluctant to <br /> 'o forward until it is legally reviewed. <br /> Mr. Sherman agreed; he would Eke to go to the Assessors and have therm go <br /> though those sheets. If it can be proven a dwelling e .sted there, then a <br /> revetment is permissible. Mr. Mayes stated he would go forward, or <br /> continue, whatever the Commission wished. <br /> Mr. Johansen asked if a mailiang was sent to the Wetland Conservancy's lir. <br /> Mayes will provide a copy of a letter from Jim Mahala verifying his previous <br /> approval.. <br /> Public comments: <br />